Obama Recess Appointment of Scalia Supreme Court Replacement Would Be Self-Defeating

Presidio County Judge Cinderela Guevara told the AP news agency she consulted with Justice Scalia's personal physician and sheriff's investigators, who said there were no signs of foul play, before concluding that he had died of natural causes.

"It's got to be a moderate, someone incredibly competent, very experienced, very highly regarded and perhaps what would help as well, someone whose ethnic identity is not yet represented on the Supreme Court", said Sheldon Nahmod, a constitutional law and civil rights professor at Chicago-Kent College of Law.

After all, the Strom Thurmond Rule that is the basis for MConnell's argument to delay is something he was categorically opposed to when it was being used to block Republican nominations during the George W. Bush years.

The Supreme Court said the drapery dates back to the death of Chief Justice Salmon P. Chase in 1873 and has been continued for the death of each sitting justice since then.

With a year, until a new president takes office, some are wondering what an empty seat on the Supreme Court could mean for important cases.

"I believe that we should wait until after the next election and let the American people pick the next president, and we should consider who the next president of the United States nominates", Mr. McCain said Monday on Mike Broomhead's talk-radio show in Phoenix, Arizona.

According to the Constitution, a president can fill vacancies while the Senate is in recess but their appointment expires at the end of the Senate's next session.

Their reasoning? It's a presidential election year, and voters deserve a say this November in who the next Supreme Court justice will be.

Sens. Ted Cruz and Marco Rubio both declared Saturday that the nomination of Scalia's replacement should be the responsibility of the next president. They should urge McConnell to allow the president's Supreme Court nomination to proceed.

A quick refresher: 1988 was a presidential election year, and Mr. Reagan was a lame duck president.

"You know, the one person he has suggested that would make a good justice is his sister, who is a court of appeals judge appointed by Bill Clinton", he said on ABC.

Schultz said that Obama administration officials had been discussing the process with Senate offices, something that would turn out to be an epic fight between Republicans and Democrats in a presidential election year.

With such political opposition, Senate Republicans could effectively run out the clock on Obama's presidency, and his Supreme Court nominee. Presidents have long made important decisions and collaborated on meaningful legislation in the final year of a term. It doesn't say that the Senate has to give it in a timely manner or not.

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